Eugene R. Fidell

Senior Research Scholar in Law and Florence Rogatz Visiting Lecturer in Law


Eugene R. Fidell is a Senior Research Scholar in Law and the Florence Rogatz Visiting Lecturer in Law at Yale Law School. Since graduation from Harvard Law School in 1968, he has been a partner at LeBoeuf, Lamb, Leiby & MacRae and Feldesman Tucker Leifer Fidell LLP, where he is currently of counsel.

FULL BIOGRAPHY

Contact Information


Yale Law School

P.O. Box 208215

New Haven, CT 06520

Education & Curriculum Vitae


LL.B., Harvard Law School, 1968

B.A. (Philosophy), Queens College, City University of New York, 1965

Courses Taught


  • Admiralty Law
  • American Indian Tribal Law
  • Disasters
  • Guantanamo
  • Military Justice
  • Federal Indian Law
  • Law of the Sea
  • The Original Jurisdiction of the Supreme Court
  • Habeas Corpus

Eugene R. Fidell is a Senior Research Scholar in Law and the Florence Rogatz Visiting Lecturer in Law at Yale Law School. Since graduation from Harvard Law School in 1968, he has been a partner at LeBoeuf, Lamb, Leiby & MacRae and Feldesman Tucker Leifer Fidell LLP, where he is currently of counsel. He served in the U.S. Coast Guard from 1969 to 1972 as a judge advocate, and has continued to be actively involved in military legal matters, serving from 1991 to 2011 as president of the National Institute of Military Justice. He began teaching at Yale in 1993, and has also taught at Harvard Law School and the American University Washington College of Law. He is Life Member of the American Law Institute. He has written on labor, environmental, energy, and military law, as well as judicial administration, and often serves as a commentator for domestic and foreign news media. He is married to Linda Greenhouse, the Knight Distinguished Journalist in Residence and Joseph Goldstein Senior Fellow at Yale Law School.

Thursday, December 15, 2016


Court-martial sentences still 'the Wild West' as proposed guidelines rejected

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about the military sentencing system.

Thursday, December 8, 2016


Military targets handling of misconduct cases

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about efforts to improve the military’s handling of misconduct cases.

Monday, December 5, 2016


Alexion shareholders file class action suit

Florence Rogatz Visiting Lecturer in Law Eugene Fidell was a guest where he discussed General James Mattis, Donald Trump’s pick for the new Secretary of Defense.

Sunday, December 4, 2016


Bergdahl is seeking a pardon by President Obama

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about a request filed by his client Bowe Bergdahl for a pardon from President Obama.

Saturday, November 26, 2016


The Soldier Donald Trump Called a Traitor

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an editorial.

Wednesday, November 16, 2016


Judge moves Bergdahl court-martial back up

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about the changing schedule for the court martial of his client, Bowe Bergdahl.

Tuesday, November 15, 2016


Bergdahl lawyers to ask for dismissal after Trump's inauguration

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about a plan to ask for Bowe Bergdahl’s desertion case to be tossed out once President-elect Donald Trump takes office.

Sunday, October 30, 2016


Two Army buddies' fateful night; One falls into a Seoul street and is fatally hurt. Who is at fault: The driver, the doctors or the friend?

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about the case of an Army mechanic charged with manslaughter in the death of a friend.

Friday, October 14, 2016


Did heartbreaking testimony go too far in military sentencing of sex abuser?

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about controversial testimony given at a sexual assault sentencing hearing for a Coast-Guardsman.

Wednesday, October 12, 2016


'Rock star' Navy judge accused of lying faces investigation, delayed promotion; Cmdr. Aaron Rugh testified at an ethics hearing last week about whether he misled a Marine board in a Naval Academy sexual misconduct case.

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about a Navy appellate judge accused of lying under oath in a sexual misconduct case.

Wednesday, August 24, 2016


Bergdahl judge mulls dismissing case over McCain comments

Florence Rogatz Visiting Lecturer in Law Eugene Fidell was interviewed and discussed the latest developments in the court-martial of his client, Bowe Bergdahl.

Tuesday, August 23, 2016


General to testify about burning letters in Bergdahl case

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about actions by an Army general that could impact the trial of his client Army Sgt. Bowe Bergdahl.

Sunday, August 21, 2016


Ex-soldier's case rests on 'flirting' Attorney seeks Supreme Court override

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about Supreme Court challenges to military court decisions.

Thursday, July 21, 2016


Marine faces charge of lying to journalist

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about the trial of Marine Maj. Mark Thompson, charged with making a false official statement and conduct unbecoming an officer and a gentleman.

Thursday, July 7, 2016


Sgt. Bowe Bergdahl lawyers say government hasn't shared evidence

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is mentioned in an article about motions filed last week by Sgt. Bowe Bergdahl’s lawyers requesting access to classified government files related to their client.

Tuesday, June 28, 2016


Officer: Military adultery ban is unfair to heterosexuals

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about a challenge to the military ban on adultery on the basis that it discriminates against heterosexuals.

Friday, May 20, 2016


Congress Moves to Nullify Judge’s Order on Guantánamo Guards

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about Guantanamo guards. 

Friday, May 6, 2016


Soldier Suing Obama Over ISIS War Is Doing Fine, Lawyer Says

Sterling Professor of Law Bruce Ackerman ’67 is quoted in an article on Army Captain Nathan Michael Smith’s lawsuit challenging the constitutionality of the war on ISIS. Florence Rogatz Visiting Lecturer in Law Eugene Fidell is also quoted.

Monday, May 2, 2016


Faulty Attack, Faulty Investigation—A Commentary by Eugene R. Fidell

Eugene R. Fidell is a Senior Research Scholar in Law and the Florence Rogatz Visiting Lecturer in Law at Yale Law School.

Sunday, May 1, 2016


Bowe Bergdahl's defense wins battle over classified documents

A report that Florence Rogatz Visiting Lecturer in Law Eugene Fidell has won access to hundreds of thousands of pages of classified information related to his client Bowe Bergdahl.

Tuesday, April 19, 2016


Could Trump Be Impeached Shortly After He Takes Office?

Sterling Professor Bruce Ackerman ’67 and Florence Rogatz Visiting Lecturer in Law Eugene Fidell are quoted in an article about whether Donald Trump could be impeached were he to be elected President.

Wednesday, April 6, 2016


This retweet does not equal endorsement: In contentious election year, active-duty must be mindful of partisan politicking

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about Department of Defense policies around endorsing candidates.

Monday, April 4, 2016


Bergdahl lawyer wants Army to turn over communications

A report about a complaint filed by Florence Rogatz Visiting Lecturer in Law Eugene Fidell to compel the Army to release the records relating to its communications with the Senate Armed Services Committee regarding his client, Bowe Bergdahl.

Tuesday, March 22, 2016


Bergdahl Attorneys, Army Tussle Over Docs Release

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about the decision by attorneys for Bowe Bergdahl to release the transcript of the accused deserter's interview with an Army general officer.

Monday, March 21, 2016


Could military judge accused of lying during sexual-misconduct case face investigation?

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about the case of former U.S. Naval Academy teacher Mark Thompson.

Wednesday, March 16, 2016


New Details Hint at Role of Psychology in Bergdahl Defense

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted about the reasons his client Bowe Bergdahl left his post before being captured by the Taliban. Similar coverage appeared in PBS Newshour and the Christian Science Monitor.

Tuesday, March 15, 2016


A Marine's Convictions: What military law experts say could happen next in Maj. Mark Thompson's case; All four experts agreed that the Marine could be charged with a new crime.

Florence Rogatz Visiting Lecturer in Law Eugene Fidell was interviewed for an article on possible future charges for former U.S. Naval Academy teacher Mark Thompson.

Wednesday, March 9, 2016


Army Sgt. Bowe Bergdahl's Court Documents Now Posted Online

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in a story about his client Bowe Bergdahl and a new website that posts court documents related to the case.

Monday, March 7, 2016


Bergdahl's lawyer files lawsuit pushing for release of conversations between Congress and Pentagon

A report that Florence Rogatz Visiting Lecturer in Law Eugene Fidell has filed a civil lawsuit to expedite a request he filed under the Freedom of Information Act for government communications relating to his client Bowe Bergdahl.

Thursday, March 3, 2016


President Trump’s Illegal Military Orders

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in a story about Donald Trump’s pledges regarding military action should he be elected President.

Tuesday, February 23, 2016


Yale Law School Military Justice Expert on Efforts to Close Guantanamo

Florence Rogatz Visiting Lecturer in Law Eugene Fidell was interviewed about President Obama’s announcement to close Guantanamo.

Wednesday, February 10, 2016


Bergdahl Case Delayed Over Classified Information Dispute

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is mentioned in an article about developments in the trial of Army Sgt. Bowe Bergdahl, former Taliban prisoner charged with desertion stemming from his disappearance from his base in Afghanistan.

Sunday, January 31, 2016


Nearly five years after Petraeus scandal, bad decisions still resonate

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about the continuing fallout from the resignation of CIA Director David Petraeus following the disclosure that he shared classified information, and had an extramarital affair, with his biographer, Army Reserve major Paula Broadwell.

Thursday, January 14, 2016


Investigation of SEAL Conduct in Afghanistan Is Reopened

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about a Naval Criminal Investigative Service’s investigation into allegations about Navy SEALs and Afghan militiamen beating detainees.

Thursday, December 24, 2015


Will The Accused 9/11 Plotters Ever Be Tried? Not In 2016

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about the logistics of trying the accused in custody at the military prison in Guantanamo Bay, Cuba.

Monday, December 14, 2015


Bowe Bergdahl to Face Court-Martial on Desertion Charges

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in a report that the army will pursue court-martial proceedings against his client, Bowe Bergdahl.

Friday, December 11, 2015


Bowe Bergdahl's Lawyer Slams 'Defamer-In-Chief' Donald Trump And John McCain

Florence Rogatz Visiting Lecturer in Law Eugene Fidell was interviewed about comments made by Donald Trump and John McCain about his client, Bowe Bergdahl, charged with desertion.

Thursday, December 10, 2015


Bowe Bergdahl Case at Center of ‘Serial’ Season 2

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about his client, Bowe Bergdhal, who is the subject of the second season of the podcast “Serial.” Similar articles appeared in Rolling Stone, CNN, Slate, and more.

Monday, November 16, 2015


Opaque Military Justice system shields child sex abuse cases

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about the difficulty of gaining access to records pertaining to military in prison for sex crimes involving children.

Wednesday, October 14, 2015


Mr. McCain’s Irresponsible Remarks About Sgt. Bergdahl

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is mentioned in an editorial about comments made by John McCain regarding his client, Bowe Bergdahl.

Monday, October 12, 2015


No Jail Time Is Being Sought for Bergdahl, Lawyer Says

Florence Rogatz Visiting Lecturer in Law Eugene R. Fidell is mentioned in an article about the preliminary hearing of his client Sgt. Bowe Bergdahl, charged with desertion.

Monday, October 5, 2015


US strike on MSF hospital in Kunduz poses tough legal questions

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about the US bombing of a Doctors Without Borders hospital in Afghanistan.

Monday, October 5, 2015


Bowe Bergdahl’s Army investigation just proceeded to the next step, lawyer says

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about developments in the case of his client, Bowe Bergdahl, charged with desertion.

Sunday, October 4, 2015


Experts: Mitigating factors could affect Bergdahl case

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about developments in the case of his client, Bowe Bergdahl, charged with desertion.

Friday, September 18, 2015


Officers stress dangers involved in search for Bowe Bergdahl

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about the first day of the preliminary hearing into whether his client Bowe Bergdahl will face a court martial. Similar articles appeared in USA Today, Time, and more.

Thursday, September 17, 2015


Guantanamo detainees: Obama says US war in Afghanistan is over, so we should go free

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about detainees at Guantanamo.

Tuesday, September 15, 2015


Details on Bowe Bergdahl, Soldier Freed by Taliban, May Emerge at Hearing

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is mentioned in an article about the preliminary hearing for his client, Bowe Bergdahl, charged with deserting his post and endangering troops who searched for him.

Thursday, September 3, 2015


Detainee transfers from Guantanamo to Leavenworth unlikely to result in new legal rights

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about the transfer of detainees from Guantanamo Bay in Cuba to a military prison in Kansas.

Thursday, August 20, 2015


Bowe Bergdahl’s defense team warns Trump about damaging comments

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about comments made by Donald Trump about Fidell’s client Bowe Bergdahl, charged with desertion for leaving his post in Afghanistan in 2009.

Thursday, August 6, 2015


9/11 defendants hinder bid to close prison

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in a story about the future of the military prison at Guantanamo.

Tuesday, July 7, 2015


Could One Soldier Derail ISIS War?

Sterling Professor of Law and Political Science Bruce Ackerman’ 67 and Florence Rogatz Visiting Lecturer in Law Eugene Fidell are quoted in an article about the legality of the war against the Islamic State group.

Friday, June 12, 2015


Court ruling limits use of military commissions for terrorism suspects

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about a recent decision by a federal appeals court that reduced the powers of military commissions to try terrorism suspects for crimes that could be tried in civilian courts.

Tuesday, June 9, 2015


Experts: CNO nominee erred, but didn't break lobbying rules

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about the nominee for Chief Naval Officer who is facing allegations of improper lobbying.

Monday, June 8, 2015


Wireless carriers sue Berkeley over phone radiation law

Dean and Sol & Lillian Goldman Professor of Law Robert C. Post ’77 is mentioned in an article about a suit filed by a wireless trade group in response to a city ordinance that requires local cellphone retailers to provide consumers with information regarding the safe use of their phones.

Friday, June 5, 2015


Bowe Bergdahl’s lawyers want top Army general off his desertion case, citing politics

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is mentioned in an article about developments in the trial of his client, Army Sgt. Bowe Bergdahl, who is charged with desertion after leaving his base in Afghanistan in 2009. Similar stories appeared in Stars and Stripes, Military Times, and more.

Wednesday, May 6, 2015


No witnesses or arguments at Air Force Academy sexual assault hearing

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about proceedings in a sexual assault complaint against an Air Force Academy cadet.

Wednesday, February 18, 2015


Eugene Fidell Named 2016 Order of the Coif Distinguished Visitor

Eugene R. Fidell, the Florence Rogatz Visiting Lecturer in Law at Yale Law School, has been selected as the Order of the Coif Distinguished Visitor for 2016.

Tuesday, January 27, 2015


UPDATE: Risch: Army denies decision made in Bergdahl case

Senior Research Scholar in Law and Florence Rogatz Visiting Lecturer in Law Eugene Fidell is mentioned in an article on the status of the investigation into the circumstances surrounding the 2009 disappearance of Sgt. Bowe Bergdahl from his base in Afghanistan.

Friday, January 23, 2015


General’s A-10 treason comment sparks concerns over protected speech

Senior Research Scholar in Law and Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about an Army General’s comment that talking to Congress about the embattled A-10 Thunderbolt could qualify as treason.

Tuesday, November 4, 2014


Yale Law School Hosts Global Seminar on Military Justice

Yale Law School will hold a Global Seminar on Military Justice on November 7 and 8 featuring informed discussion by experts who are personally involved in reform efforts. 

Tuesday, June 11, 2013


YLS Lecturer Eugene Fidell, Legal Scholars Publish Open Letter on Military Justice Reforms

Florence Rogatz Visiting Lecturer in Law Eugene Fidell and a group of legal scholars publish a statement encouraging Congress to consider making structural changes to the military justice system.

Thursday, August 23, 2012


Does Tingey Rhyme With Dinghy? Yale Law Team Tackles Hard-to-Pronounce Supreme Court Case Names

A Yale Law School team has produced a dictionary listing the correct pronunciations of Supreme Court cases with hard-to-pronounce names.

Friday, March 25, 2011


April Seminar Will Consider Critical Issues Facing Military Justice Systems

Leading military appellate court judges from around the world will take part in a Global Military Appellate Seminar April 1 and 2 at Yale Law School.

Monday, July 7, 2008


Eugene Fidell Appointed Rogatz Visiting Lecturer

Eugene R. Fidell, a leading expert in military justice, will join Yale Law School as the Florence Rogatz Senior Visiting Lecturer in Law.

Blog

Global Military Justice Reform

Books

Military Justice: A Vert Short Introduction (Oxford 2016)

Military Justice Cases and Materials (LexisNexis2d ed 2012) (with Elizabeth Lutes Hillman and Dwight H. Sullivan)

Military Court Rules of the United States (LexisNexis 2012)

Evolving Military Justice (Naval Institute Press 2002) (with Dwight H. Sullivan)

Annotated Guide to Procedures for Trials by Military Commissions (Lexis-Nexis/Matthew Bender 2002) (editor)

Guide to the Rules of Practice and Procedure for the United States Court of Appeals for the Armed Forces (1st-13th eds. 1978-2010)

Military Commission Instructions Sourcebook (2003) (editor)

Military Commission Instructions Sourcebook 2d (2004) (editor)

Book Chapters

Uphold the Geneva Conventions and the Convention Against Torture, in Restoring American Leadership: Cooperative Steps to Advance Global Progress (Open Society Inst. 2005)

Disorder in Military Courts, in Liberty Under Attack: Reclaiming Our Freedoms in an Age of Terror (Century Foundation 2007)

Law Review Articles

Military Law
“If a Tree Falls in the Forest . . .”: Publication and Digesting Policies and the Potential Contribution of Military Courts to American Law, 32 JAG J. 1 (1982)

Review of Decisions of the United States Court of Military Appeals by the Supreme Court of the United States, 16 Mil. L. Rptr. 6001 (1988)

A Roving Commission: Specified Issues and the Function of the United States Court of Military Appeals, 122 Mil. L. Rev. 117 (1988) (with Linda Greenhouse)

The Culture of Change in Military Law, 126 Mil. L. Rev. 125 (1989)

Military Justice and Military Judges: The Path to Judicial Independence, 74 Judicature 14 (1990)

Going on 50: Evolution and Devolution in Military Justice, 32 Wake Forest L. Rev. 1213 (1997)

A World-Wide Perspective on Change in Military Justice, 48 A.F. L. Rev. 195 (2000)

Military Commissions & Administrative Law, 6 Green Bag 2d 389 (2003)

The First Amendment and Military Courts, 23 Communications Law. 10 (Fall 2005) (with Steven D. Zansberg and Matthew S. Freedus)

Military Commission Law, Army Law., Dec. 2005, at 47 (with Dwight H. Sullivan and Detlev F. Vagts)

Guantánamo and All That, 53 Fed. Law. 45 (Feb. 2006)

Accountability, Transparency, and Public Confidence in the Administration of Military Justice, 9 Green Bag 2d 361 (2006)

Zen and the Jurisprudence of the United States Court of Appeals for the Armed Forces, 54 Fed. Law. 28 (May 2007)

Watchdogs and Lapdogs: National Security Journalism, in 1 Ann. Symposium on Emerging Issues in Nat’l & Int’l Sec’y 64 (2007)

Book Review, Peter Rowe, The Impact of Human Rights Law on Armed Forces, 101 Am. J. Int’l L. 252 (2007)

Is There a Crisis in Military Appellate Justice?, 12 Roger Williams U. L. Rev. 820 (2007)

Reforming Interrogation Practices: Alexis St. Martin and the Post-9/11 Era Opportunity, 16 Hum. Rgts. Brief No. 4, at 26 (Spring 2009)

Criminal Prosecution of Civilian Contractors by Military Courts, 50 S. Tex. L. Rev. 845 (2009)

The Next Judge, 5 J. Nat’l Sec. L. & Pol. 303 (2011)

Charm Offensive in Lilliput: Military Commissions 3.1, 56 St. Louis U. L. Rev. 1177 (2012)

Ten Years On: Military Justice and Civil Liberties in the Post-9/11 Era, 56 N.Y.L.S. L. Rev. 103 (2012)

International Developments in Military Law, 17 Can. Crim. L. Rev. 83 (2013)

The Boards for Correction of Military and Naval Records: An Administrative Law Perspective, 65 Admin L. Rev. 499 (2013)

Judicial Administration
Befriending the Court: A Few Words on Amicus Briefs, 6 Legal Times 14, at 8 (Sept. 5, 1983)

The Strange Case of John Doe: Getting Anonymity in Federal Court, 6 Nat’l L.J. No. 26, at 20 (1984)

Judicial Recantation: Homage to Baron Bramwell, 71 Judicature 259 (1988)

A Pronouncing Dictionary of the Supreme Court of the United States, 15 Green Bag 2d 433 (2012) (co-author)

An American Indian Supreme Court, 2 Am. Ind. L.J. 1 (2013)

Energy and Environmental Law
Ten Years Under the Bartlett Act: A Status Report on the Prohibition on Foreign Fishing, 54 B.U.L. Rev. 703 (1974)

Fisheries Legislation: Naval Enforcement, 7 J. Mar. L. & Com. 351 (1976)

The Case of the Incidental Lobster: United States Regulation of Foreign Harvesting of Continental Shelf Fisheries Resources, 10 Int’l Law. 135 (1976)

International Relations and Nuclear Commerce: Developments in United States Policy, 8 L. & Pol. in Int’l Bus. 913 (1976) (with William O. Doub)

Hot Pursuit from a Fisheries Zone, 70 Am. J. Int’l L. 95 (1976)

Enforcement of the Fishery Conservation and Management Act: The Policeman’s Lot, 52 Wash. L. Rev. 513 (1977)

Liability for Oil Pollution: United States Law, 10 J. Mar. L. & Com. 476 (1979) (with Allan I. Mendelsohn)

The Assessment of Pollution Damage to Aquatic Resources: Alternatives to the Trial Model, 19 Santa Clara L. Rev. 641 (1979) (with Richard A. DuBey)

International Law and the Transportation of Plutonium and Spent Nuclear Fuel by Sea, 31 Int’l Law. 757 (1997)

Labor Law
Improving Competence in the Merchant Marine: Suspension and Revocation Proceedings, 45 Mo. L. Rev. 1 (1980)

The Nuclear Industry: Employee Protection Provisions of Federal Law, 110 Pub. Utils. Fortnightly No. 10 (1982) (with William C. Marcoux)

Federal Protection of Private Sector Health and Safety Whistleblowers, 2 Ad. L.J. 1 (1988)

Op-Eds and Miscellany
Let Us Now Praise Unfamous Men, N.Y. Times Op-Ed Page, May 4, 1985

Duvaliers and Marcoses Need an Elba, N.Y. Times Op-Ed Page, Feb. 15, 1986

Goodbye $, Hello “B”, N.Y. Times Op-Ed Page, July 15, 1991

Legis-flation, N.Y. Times Op-Ed Page, June 1, 1995

Ex-New Yorker ISO CB/RYE, N.Y.L.J., Mar. 25, 1996, at 2

Not by Corned Beef Alone: The Law of Salami, Pastrami and Chopped Liver, 19 Legal Times No. 2, at 22 (May 27, 1996)

Rethinking the Concept of Congressional Districts, The Hill, June 26, 1996, at 24

Sorry, 71 FED. REG. 1 (2006), 8 Green Bag 2d 155 (2005)

Judge Crater’s New York (Book Review), 8 Green Bag 2d 321 (2005)

What Should the U.S. Do About Gitmo?, Wash. Times, Dec. 7, 2008

Hearings on Motions: A Modest Proposal, Nat’l L.J., Dec. 22, 2008

Why Did the Cambodia Bombing Continue? 13 Green Bag 2d 321 (2010)

No Sanctuary for Dictators, 38 Yale J. Int'l L. Online 46 (2013)

How Federal Statutes Are Named, 105 L. Libr. J. 7 (2013) (co-author)